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" It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act. "
Annual Report of the Illinois State Bar Association - Page 404
by Illinois State Bar Association - 1920
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Duties and Powers of the Interstate Commerce Commission: Hearing Before the ...

United States. Congress. Senate. Committee on Interstate Commerce - Interstate commerce - 1905 - 332 pages
...prescribe rates. In the course of the opinion, delivered by Mr. Justice Brewer, it is said (Ibid., It is one thing to inquire whether the rates which...charged in the future — that is a legislative act. Further on the extent of the powers of the Interstate Commerce Commission are defined as follows (Ibid.....
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Regulation of Railway Rates: Hearings Before the Committee on ..., Volume 5

United States. Congress. Senate. Committee on Interstate Commerce - Railroad law - 1905 - 1170 pages
...Commission is general rate-making power and of a legislative character. Quotations on these points follow : It Is one thing to inquire whether the rates which...rates which shall be charged in the future — that is n legislative act. * * * It will be seen that in this case the Interstate Commerce Commission assumed...
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Duties and Powers of the Interstate Commerce Commission: Hearings Before the ...

United States. Congress. Senate. Committee on Interstate Commerce - Interstate commerce - 1905 - 322 pages
...prescribe rates. In the course of the opinion, delivered by Mv. Justice Brewer, it is said (Ibid., 499): It is one thing to inquire whether the rates which...act; but an entirely different thing to prescribe rate? which shall be charged in the future — that is a legislative act. Further on the extent of...
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The Federal Courts and the Orders of the Interstate Commerce Commission

Harry Turner Newcomb - Interstate commerce - 1905 - 218 pages
...is general rate-making power and of a legislative character. Quotations on these points follow : " It is one thing to inquire whether the rates which...charged and collected are reasonable — that is a judiccial act; but an entirely different thing to prescribe rates which shall be charged in the future...
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American Railroad Rates

Walter Chadwick Noyes - Railroad - 1905 - 300 pages
...constitutionally be conferred upon it. Now repeating the language of the Supreme Court of the United States—"to inquire whether the rates which have been charged...collected are reasonable — that is a judicial act. . . . For more than a hundred years it has been the affirmative duty of the courts to execute and enforce...
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Duties and Powers of the Interstate Commerce Commission: Hearings Before the ...

United States. Congress. Senate. Committee on Interstate Commerce - Interstate commerce - 1905 - 322 pages
...prescribe rates. In the course of the opinion, delivered by Mr. Justice Brewer, it is said (Ibid., 499): It is one thing to inquire whether the rates which have been charged and collected are reasonable—that is a judicial act; but an entirely different thing to prescribe rates which shall...
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Hearings Before the Committee on Interstate and Foreign Commerce of the ...

United States. Congress. House. Committee on Interstate and Foreign Commerce - Corporation Law - 1905 - 778 pages
...deciding the Maximum Kate Case (1(57 U. 8., 479), the Supreme Court of the ' r.itnl States said: " It is one thing to inquire whether the rates which have been charged and col" tt*l are reasonable — that is a judicial act; but an entirely different thing to pre-•ritic...
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New Outlook, Volume 80

1905 - 1344 pages
...duty to declare the act unconstitutional and nugatory. But, to quote again from Mr. Justice Brewer, " It is one thing to inquire whether the rates which have been charged and'collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe...
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Railroad Rate Control in Its Legal Aspects: A Study of the Effect of ...

Harrison Standish Smalley - Railroads - 1906 - 184 pages
...this question is most clearly drawn in the Interstate Commerce Commission v. Cincinnati, etc. R. Co.: "It is one thing to inquire whether the rates which...charged in the future — that is a legislative act." 3T It is. then, beyond the scope of judicial authority to substitute valid rates for those which have...
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Official Opinions of the Attorneys General of the United States: Advising ...

United States. Department of Justice - Attorneys general's opinions - 1906 - 766 pages
...Commission v. Cincinnati, New Orleans and Teras Pacific Railway Company (supra), said, on page 499: "It is one thing to inquire whether the rates which...charged in the future — that is a legislative act." Again, on page 505: "The power to prescribe a tariff of rates for carriage by a common carrier is a...
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